Now that Piero Fassino is being investigated for attempted theft by the Civitavecchia prosecutor’s office for the case of Chanel’s Chance perfume at Duty Free 25 at Fiumicino airport, the story can end in three ways. The first is to ask the judge of the preliminary investigations to dismiss it due to lack of evidence. But this also seems the most difficult to follow. Because a video denies his version about the product being put in your pocket to have your hands free. And because the rumors about precedents and recidivism were confirmed by the testimony of one of Aelia Lagardère’s sales assistants. While there are six texts accusing him of the events of April 15th.
Roads
The second path, however, is more practicable. The chief prosecutor Antonio Liguori could ask the investigating judge to dismiss it due to the “particular tenuousness of the fact”. This is a formula included in the penal code with legislative decree no. 28/2015. It can be used when: the offense is particularly minor and the behavior is not habitual. The motivation can also be declared ex officio directly by the judge. And in any case it does not remove the possible repercussions of the civil judgment on the person who receives the dismissal. Furthermore, the provision would still be recorded in the criminal record. Given that the value of the goods was 100-130 euros, it is possible that the prosecutor’s office will follow this path. The third is the worst one for the Democratic Party deputy: that is, the public prosecutor could close the investigation, consider him as under investigation and finally ask for him to be sent to trial.
The tenuousness of the fact
Also the lawyer Daniele Francesco Lelli, heard today by Everyday occurrence, is convinced that the tenuity solution is the most probable. «There is no aggravating circumstance, because there was no damage or dexterity. Indeed, his lawyer could also ask for attempted theft, because he did not have possession of the stolen property uti dominus, Fassino has in fact always been monitored by cameras”, explains Lelli. «Usually these investigations – the police also filed 5 videos depicting the events of April 15th – lead quickly to a new pre-trial hearing, as provided for by the Cartabia reform. In this case, the judge could opt for an acquittal due to the tenuousness of the fact, pursuant to article 131 bis of the penal code.” According to Lelli there is only one risk: «If he were to relapse, the crime would be repeated. And Fassino would risk being convicted again.”
